to indicate their legal interest, the Respondent State challenges the very purpose
and function for which the African Commission was established.
67.
Additionally, the Complainants argue that Article 56 of the African Charter
which governs the Admissibility of a Communication lists only seven
Admissibility requirements, and that „legal interest‟ or „citizenship of the
Complainant‟ are not included in that list. They argue further that Article 56
AC
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provides a minimum threshold requirement, which is intended to encourage,
rather than stifle the submission of allegations of human rights violations before
the African Commission. Furthermore, stated that Article 56 assist the African
Commission to ensure that vexatious Communications are sifted out, and allow
issue-driven Communications to be entertained by it,.
68.
Regarding the Respondent State‟s argument that actio popularis is not part of
their domestic law, the Complainants submit that this assertion is irrelevant
because the Respondent State did not sign a domestic document, but sign an
international human rights document, which by its very nature is intended to
have remedial consequences. This requires signatory States to submit themselves
to scrutiny by the African Commission in respect of the alleged violations of
human and peoples‟ rights.
69.
In conclusion, the Complainants assert that by requiring the Complainants to
demonstrate direct legal interest in a Communication would be restrictive and
„impermissibly narrow which will fail to have regard to the accepted
constitutional norms and the express provisions of the African Charter‟.
Furthermore, the Complainants submit that such an approach would also fail to
take into account the function and purpose of the African Commission.
Consequently, it is the Complainants‟ prayers that a generous and purposive
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